IC 13-21-14
    Chapter 14. District Solid Waste Management Fees

IC 13-21-14-1
Additional waste management fees
    Sec. 1. (a) A board:
        (1) may; and
        (2) if necessary to pay principal or interest on any bonds issuedunder this article or IC 13-9.5-9 (repealed), shall;
establish solid waste management fees in addition to fees imposedunder IC 13-21-13 or IC 13-9.5-7 (before its repeal) that apply to allpersons owning real property or generating solid waste within thedistrict who are benefited by solid waste management, solid wastecollection, a facility for solid waste disposal, or a facility for solidwaste processing.
    (b) The board may change and readjust fees as necessary.
As added by P.L.1-1996, SEC.11.

IC 13-21-14-2
Basis
    Sec. 2. The board may fix the solid waste management fees on thebasis of the following:
        (1) A flat charge for each residence or building in use in thewaste management district.
        (2) The weight or volume of the refuse received.
        (3) The average number of containers or bags of refusereceived.
        (4) The relative difficulty associated with the collection ormanagement of the solid waste received.
        (5) Any other criteria that the board determines to be logicallyrelated to the service.
        (6) Any combination of these criteria.
As added by P.L.1-1996, SEC.11.

IC 13-21-14-3
Periodic billing system
    Sec. 3. The collection of the fees authorized by this chapter maybe effectuated through a periodic billing system.
As added by P.L.1-1996, SEC.11.

IC 13-21-14-4
Fee schedules
    Sec. 4. The board may exercise reasonable discretion in adoptingdiffering schedules of fees based upon variations in the following:
        (1) The cost of furnishing the services included within thischapter to various classes of owners of property or of generatorsof solid waste within the district.
        (2) The distance of the property benefited from the facility.
        (3) Any other variations the board determines to be logicallyrelated to the cost of the service.As added by P.L.1-1996, SEC.11.

IC 13-21-14-5
Public notice and hearing
    Sec. 5. (a) Fees shall be established only after public notice anda public hearing before the board at which:
        (1) all persons using facilities, owning property, or generatingsolid waste within the district who are benefited by solid wastemanagement; and
        (2) other interested persons;
have an opportunity to be heard concerning the proposed fees.
    (b) After introduction of a resolution fixing fees and before theresolution is adopted, public notice of the hearing, setting forth theschedule of fees, shall be given. The hearing may be adjourned asnecessary.
    (c) After the hearing the resolution establishing fees, either asoriginally introduced or as amended, shall be passed and put intoeffect.
    (d) A copy of the schedule of fees established shall be kept:
        (1) on file in the office of the board or the controller, secretary,or other recordkeeping officer of the district; and
        (2) open to inspection by all interested persons.
    (e) The fees established extend to cover any additional territorylater served that falls within the same class without the necessity ofa hearing or notice.
    (f) A change or readjustment of fees may be made in the samemanner as the fees were originally established.
As added by P.L.1-1996, SEC.11.

IC 13-21-14-6
Contesting validity; time limitation
    Sec. 6. An action to contest:
        (1) the validity of the fees adopted; or
        (2) the procedure by which the fees were adopted;
must be brought within thirty (30) days following the adoption of thefees under section 5 of this chapter.
As added by P.L.1-1996, SEC.11.

IC 13-21-14-7
Use of money
    Sec. 7. Fees imposed under this chapter may be used, togetherwith any other revenues, to pay any of the following:
        (1) The cost of facilities for solid waste management.
        (2) The operation and maintenance of facilities.
        (3) The charges that may be pledged to the payment of principalof and interest on waste management district or revenue bonds.
        (4) The costs of implementing the district's district plan.
As added by P.L.1-1996, SEC.11.

IC 13-21-14-8 Penalties for late payment
    Sec. 8. If a fee established is not paid within the time fixed by theboard, the amount, together with:
        (1) a penalty of twenty-five dollars ($25); and
        (2) a reasonable attorney's fee;
may be recovered in a civil action in the name of the district.
As added by P.L.1-1996, SEC.11.

IC 13-21-14-9
Exception for transfer station
    Sec. 9. A district may not exercise its authority under this chapterto impose a fee on the:
        (1) owner of real or personal property that is used solely as atransfer station; or
        (2) operation of a transfer station.
As added by P.L.130-1996, SEC.1.